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The president of the General Council of the Legal Profession, Salvador González, on Tuesday requested the intervention of the Ministry of Justice, led by Félix Bolaños, to “break the impasse” in which the conflict with the National Markets and Competition Commission (CNMC) is found for the establishment of some indicative criteria to determine the approximate amount of the legal proceedings costs.
After a year of discussions with the CNMC, there is no solution to an issue that “seriously compromises the effectiveness of judicial protection, in terms of access to the courts and exercise of the right of defense,” González said in a meeting with the media.
The CNMC fined several schools of the legal profession (Barcelona, Valencia, Seville and Vizcaya, among others) to make price recommendations by preparing fee schedules.
The controversy arises from the fact that, although the law of professional associations enshrines the freedom of prices and prohibits collective fixing practices (fee rates), organic law 5/2024, on the right of defense, establishes the right of citizens to be informed of costs general aspects of the process and procedure for setting professional fees, as well as the consequences of a possible decision on costs.
“With the CNMC no We did not reach an agreement because we consider that with this law, nothing has changed, while everything has changed,” explained the President.
“We need the intervention of the ministry so that, if it cannot be otherwise, a complementary standard is articulated. They can’t be wearing that obstacles to citizens’ access to justice. I“Citizens now have the right to be informed of the amount of a possible costs order and the Colleges have the obligation to provide them with the tools to find out,” he said.
For González, the problem is that the CNMC insists “on treating this issue as a question of competition and free market, while what the law on the Right of Defense has done is grant citizens the right to know what the economic risk is of taking legal action.”
The dean of the Barcelona Bar insisted on this same idea, Cristina Vallejofor whom “this situation causes a great legal uncertainty because we cannot inform the citizen, the banking consumer or the person affected by the IRPH clause of something as essential as the economic consequences of a possible decision on fees.
“This information is vital to be able to make the appropriate decision and, without it, many people could give up on starting a procedure to defend their rights,” Vallejo said.
Salvador González also spoke of the approval during the plenary session of the CGA last Friday of the budgets for 2026 with 96% of the votes.
Training and digitalization
These budgets mark two lines of action: training and digitalization of the profession, with improving access to technological services by schools and members, explained González.
In this sense, he mentioned the Upro Digital Skills Training program, financed by 200 million European funds to train tens of thousands of professionals.
“There are already more than 17,000 lawyers registered, and this number continues to increase, which will promote the digitalization and competitiveness of the profession. A historic opportunity for the modernization of the sector,” he assured.
Among the priorities for next year, he mentioned the problem of mutualists and gateway to RETA. “This is a matter of the highest urgency that requires nobility of spirit from all parties to reach a consensual solution,” he said.
He also expressed confidence that “as soon as possible” there will be news on the long-awaited law on free legal aid and on improving the conditions for free legal aid.
And he placed emphasis on updating the amount of the scales and the creation of a new scale to remunerate the MASCs. “Justice officials have become aware of the importance of this service and have acquired a series of commitments that will allow us to continue moving forward,” he assured.
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